Ala. Admin. Code r. 290-1-1-.04

Current through Register Vol. 42, No. 8, May 31, 2024

Section 290-1-1-.04 - Meetings Of State Board Of Education

Unless otherwise specifically provided by law, the following are policies and procedures by which the business of the Alabama Board shall be conducted:

(1) Regular meetings of the Board shall be held at a time and on a date set by the Board. Such meetings shall be open to the public and shall be for the purpose of transacting those items of business within the power and jurisdiction of the Board in the governance of public schools in Alabama. The presiding officer for each meeting shall be the President, and in his or her absence, the vice president. In the absence of both the president and the vice president, the president pro tem shall preside.

(2) An agenda shall be prepared by the Superintendent which shall include items he or she selects and items requested by members of the Board.

(3) Other than requests from Board members, requests for items to be placed on the agenda, including resolutions, shall be filed (together with a copy of any proposed resolution or other pertinent information items) with the Superintendent at least fourteen (14) calendar days prior to the scheduled meeting. Before each meeting, the Superintendent shall send to the Board the agenda, together with resolutions and other agenda items, and with appropriate comments and/or recommendations, for receipt seven (7) days prior to the date and time of the scheduled meeting of the Board.

(4) A quorum shall be required for the transaction of business. A majority of the total Board membership shall constitute a quorum. If a quorum is not present, the meeting shall be adjourned to be reconvened at the call of the president or vice president of the Board or the next regularly scheduled meeting of the Board. There shall be no representation of any member by proxy.

(5) An official act of the Board shall require a motion and second, and an affirmative vote of the majority of the members present. A motion may be amended by motion to amend with a second and affirmative vote of the majority of the members present. Once amended, a motion must be voted upon in its amended form only. No motion or amendment shall be voted upon without a period of discussion, the length of which shall be in the discretion of the presiding officer. Notwithstanding the foregoing, a motion to lay on the table, once made and seconded, shall be decided immediately without discussion. Voting on all matters shall be by a show of hands. All abstaining or recusing member shall so state.

(6) In matters of procedure not covered by State statute, Robert's Rules of Order, Newly Revised, shall govern all meetings of the Board. The Department's legal counsel shall serve as parliamentarian for all meetings.

(7) Resolutions and other items of business not included in the agenda distributed by the Superintend prior to the meeting must have two-thirds majority consent of the Board members present to be considered.

(8) The following shall be the general order of business at all regular meetings of the Board:

(a)

I. Call to order

(b)

II. Invocation and Pledge of Allegiance to the United States Flag

(c)

III. Roll call and establishment of a quorum

(d)

IV. Approval of the agenda

(e)

V. Approval of the minutes of previous meetings

(f)

VI. Public hearings

(g)

VII. Action Items

1. Unfinished Business

2. New Business

(h)

VIII. Executive (includes Legal and Public Information)

(i)

IX. Superintendent's report

(j)

X. Announce date, time and place of next regular meeting

(9) Members of the public may speak or address the Board during the public hearing portion of the meeting only. Any member of the public desiring to speak or address the Board must register written notice of intent to speak prior to the beginning of the public hearing portion of the meeting. The order of speakers shall be determined by the order of sign up by issue, and the presiding officer shall rule out of order any person who attempts to speak to matters not then before the Board or who act in an inappropriate manner. Proper decorum shall be followed by all persons attending Board meetings. All speakers shall address the Board from the podium and shall first identify themselves and who they represent. All speakers shall have a maximum of two (2) minutes, unless the Board votes to allow a longer time.

(10) Special meetings of the Board may be called as provided by State law.

(11) The Board shall have two board retreats each calendar year. One board retreat shall be held before April 1 and the other board retreat shall be held after the annual board meeting. One board retreat would be to review priorities for the year. The second board retreat would be held to assess the status of the accomplishment of those priorities.

(12) The presiding officer of the Board may call the Board into executive session which shall be attended only by the members of the Board, the Superintendent, and those individuals named by the presiding officer. Such sessions shall be used only for those purposes permitted by State law.

(13) Special ad hoc or temporary committees of the Board as deemed advisable may be appointed by the presiding officer. The presiding officer of the Board shall serve as ex officio member of all committees appointed.

(14) The secretary and executive officer of the Board, or a designee, shall record the proceedings of each meeting.

(15) The secretary and executive officer of the Board shall keep the official minutes of the meetings of the Board, transcribe these into writing, and submit the minutes for consideration at the next regular meeting of the Board. The minutes, when approved, of each meeting of the Board shall be the official and controlling record of the meeting.

Ala. Admin. Code r. 290-1-1-.04

New Rule: April 5, 1979. Amended: February 22, 1980, and April 22, 1981; August 8, 1991. Amended: Effective September 13, 1991. Amended: Filed April 14, 1995; effective May 19, 1995. Amended: Filed September 11, 2003; effective October 16, 2003. Amended: Filed September 11, 2003; effective October 16, 2003. Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 08, May 31, 2019, eff. 6/23/2019.

Author: Richard W. Meadows

Statutory Authority:Code of Ala. 1975, §§13-5-1; 16-3-2; 16-3-7; 16-3-12; 16-3-13.